19960809 Ver 1_COMPLETE FILE_19960826

State of North Carolina IT
Department of Environment, R?IWA
Health and Natural Resources / • •
Division of Water Quality
Jam e s B. Hunt, Jr., Governor
Jonathan B B. . Ho wa s, Secretary
E) F= F1
A. Preston Howard, Jr., P.E., Dire cto r
September 23, 1996
Stanly and Montgomery Counties
DWQ Project # 960809
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Larry Yarger, Manager
Hydro and Resource Sharing
CP&L
P.O. Box 1551
Raleigh, NC 27602
Dear Mr. Yarger:
You have our approval to conduct maintenance activities on dock, piers and other existing shoreline
structures at Lake Tillery while the dam is drawn down for testing purposes, as you described in your
application dated 19 August 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2674. This certification allows you to use General Permit
Number 030 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. You are hereby authorized to permit anyone on Lake Tillery to
conduct maintenance activities or new construction activities (except rip rap, new sea walls or dredging) while
the lake is drawn down. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
Si erely,
qtt'ooIr. P. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville and Fayetteville DWQ Regional Offices
Mf. John Dorney'0
Central Files
960809.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources • Division of Water Quality
Ja m es B. Hunt, J r., Gove rnor
Jonathan B. . Howes, Secretary p EE N F=1
A. Preston Howard, Jr., P.E., Directo r
September 4, 1996
Stanly County
DWQ Project # 960809
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Larry Yarger, Manager
Hydro and Resource Sharing
CP&L
P.O. Box 1551
Raleigh, NC 27602
Dear Mr. Yarger:
You have our approval to conduct maintenance activities on dock, piers and other existing shoreline
structures at Lake Tillery while the dam is drawn down for testing purposes, as you described in your
application dated 19 August 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2674. This certification allows you to use General Permit
Number 030 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. This authorization does not allow additional dredging or discharge
of fill such as riprap or installation of new sea walls. You are hereby authorized to permit anyone on Lake
Tillery to conduct these maintenance activities while the lake is drawn down. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Poe n How r. P.E.
960809.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
CP&L
Carolina Power & Light Company
PO Box 1551
411 Fayetteville Street Mall
Raleigh NC 27602
Mr. John Dorney
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
RECEIVED
AUG 26 1996
ENVIRONMENTAL SCIENCES
?J
Subject: Maintenance of Shoreline Structures During Gate Testing at lake Tillery
Dear Mr. Dorney:
jj?A ,C1 k
August 19, 1996
Carolina Power & Light Company will be conducting operational tests of the gates on the Lake Tillery dam
in late October-early November. These tests are required by the Federal Energy Regulatory Commission
to ensure that the gates can function properly in an emergency. Prior to these tests, CP&L intends to draw
the lake down several feet to avoid spilling excessive quantities of water. This drawdown will provide an
opportunity for lakeshore residents to conduct any needed maintenance of their docks, piers, and other
shoreline structures.
Currently, such activities are approved under Corps of Engineers General Permit 198200030, provided that
a water quality certification is first obtained from your office. To facilitate these individuals' maintenance
efforts, and to minimize the impact on your office's resources, CP&L is requesting that you issue a general
certification to allow these repairs to take place on Tillery during this period without individual certification
being required for each homeowner. CP&L would suggest that if such general certification is approved, it
be limited to the repair and maintenance of existing docks and piers. Any dredging or discharge of fill
material, such as the excavation of boat basins or channels, the installation of sea walls or bulkheads, or the
placement of riprap for erosion control should still require individual certification.
CP&L has contacted Mr. Fred Harris with the N.C. Wildlife Resources Commission, and he is in agreement
with this approach. He has indicated that his agency does not need to review individual projects, and that
he is satisfied that your agency will notify the Commission should there be any concern over a project's
impact on fisheries resources.
We appreciate this consideration. Please contact Mr. Buzz Bryson at [phone] if you have any
questions.
Very truly yours,
C=;-_`?71
Larry rger, ana er
Hydro Resou cc aring
LLY/wtb
c: Mr. B. L. Arney (Manager, Blewett/Tillery Plants)
Mr. F. A. Harris (NCWRC)